Taconic Lake Ass'n v. Rodier

With the motion granted the complaint is left in a confused form. The court can hardly strike out more of a pleading than the mover asks. *877A complaint should consist of a plain, concise statement of the facts which constitute the cause or causes of action intended to be pleaded. An amended complaint in the form contemplated by our rules would aid the court and the attorneys. A motion for leave to serve an amended complaint would probably be granted. Van Kirk, P. J., Hinman and Rhodes, JJ., concur; Hill, J., votes to affirm; McNamee, J., votes to affirm, with a memorandum.

McNamee, J.

I vote for…